The Madrid Protocol, with its origins in the late 19th Century, was set-up to allow the registration and management of marks worldwide. There are currently around 100 members which includes most major trading jurisdictions including the European Union and United States.
2016 - Brunei, Indonesia, Malaysia, Laos and Thailand, Gambia, Malawi and Trinidad & Tobago
2017 - Algeria, Canada, Jamaica and South Africa
With two of our offices coming on stream this year, we asked our attorneys in those countries to tell us about the specific impact on their IP regimes.
"The new Trade Mark Act, which came into force in Thailand on 28 July 2016, provides provision of international trade mark registration under the Madrid Protocol. However, the accession to the Madrid Protocol will require a separate Royal Decree which is expected to be issued in the fourth quarter of 2016. Filing an international application will not be available until Thailand accedes to the Madrid Protocol."
"The Draft of the New Indonesian Trademark Law is currently being reviewed by the Parliament and is expected to come into effect in the later part of 2016. The current draft provides for international filing based on the Madrid Protocol. But when the new law is passed, it will probably take another 1-2 years for the Government Regulations to be passed in order for international filings based on the Madrid Protocol to be implemented."
Whatever one's views of the Madrid Protocol are, the reality is that it is here to stay and it will only become more important as more countries join and businesses, across the world, embrace it.